Alimony 101: Answers to Common Questions Regarding Virginia Spousal Support

A major issue certain to arise in your divorce case is alimony. How much
will I receive, when will I receive it and for how long are all typical
questions you are probably asking yourself. While alimony determinations
are made on a case-by-case basis, here are answers to five of the most
common questions regarding spousal support in Virginia.

How Is Alimony Determined?

If you and your ex-spouse have a decent or cordial relationship, you may
be able to negotiate the amount of spousal support to be paid, when payments
will be made, and for how long payments will be made, and incorporate
these terms into your divorce settlement agreement. If you and your ex
cannot come to an agreement, the court will make all spousal support decisions.

Can I Get Alimony Before My Divorce Is Finalized?

Yes. The court can grant you a temporary spousal support order while your
divorce case is pending. Again, you and your spouse can agree on the amount
of temporary support to be paid, or the court will decide. You and your
ex will have to prepare monthly income and expense reports and submit
them to the court. The judge will then make a temporary award of alimony
based on your need for support and your ex-spouse’s ability to pay.

For How Long Do I Get Alimony?

Alimony can be paid in a one-time payment or periodic payments. These payments
can be limited to a certain number of years, or for an unspecified duration.
By law, spousal support rights terminate upon the death of either spouse,
or if the spouse receiving alimony remarries or cohabitates with someone
else for at least a year.

What If The Court Decides?

If you and your ex-spouse cannot agree on the terms of any alimony payment(s),
the court will decide. In making this determination, the court will consider:

– Obligations, needs and financial resources of the spouses, including
income from pension, profit-sharing or retirement plans;

– Standard of living established during the marriage;

– Duration of the marriage;

– Age and physical and mental condition of the spouses, and any special
family circumstances;

– Each spouse’s contributions, monetary and non-monetary, to
the well-being of the family;

– Each spouse’s financial assets;

– Provisions made with regard to distribution of the marital property;

– Extent to which age, condition of special circumstances of any
child of the spouses would make it appropriate for one spouse to stay home;

– The extent to which either spouse contributed to the other’s
education, training, career position or profession;

– The spouses’ earning capacity and the current employment
opportunities for people with that earning capacity;

– Opportunity for and ability of the spouses to get education and
training to enhance earning ability;

– Decisions regarding work and parenting that the spouses made during
the marriage, and their effect on earning potential, including the length
of time either spouse has been out of the job market;

– Provisions made with regard to distribution of the marital property; and

– Any other factors, including the tax consequences to each spouse,
necessary to arrive at a fair result.

Who Pays Taxes On Spousal Support?

If you receive alimony, then you must declare your alimony payment(s) as
income and pay taxes on it. Your ex-spouse will be able to deduct their
payment(s) from their income for tax purposes. A related note: child support
is neither taxable nor deductible on you and your ex-spouse’s taxes.

There are a number of issues and financial considerations to be aware of
during a divorce. If you are currently going through a separation or are
considering divorce, the family law attorneys at DiPietro Law Group are
here for you. Call us today at (888) 530-4374 for a
consultation.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

x

⚠

Your browser is out of date. To get the full experience of this website,
please update to most recent version.